OPINION ON PETITION FOR WRIT OF MANDAMUS DAVID WELLINGTON CHEW, Chief Justice. Relator, Castro Enterprises, Inc., asks this Court to issue a writ of mandamus against the Honorable Javier Alvarez, sitting by assignment for the 34th District Court of El Paso County, Texas. The Relator has the burden of providing this Court with a record sufficient to establish its right to mandamus relief. See TEX. R.APP.P. 52.7(a); Walker v. Packer, 827 S.W.2d 833 , 837 (Tex.1992)(holding it is the...
OPINION Opinion by: SANDEE BRYAN MARION, Justice. This is an appeal from a final judgment entered in favor of appellees, following a jury trial in a dispute between attorneys with competing claims to attorney's fees. We reverse the directed verdict in favor of appellee, Romero, Gonzalez & Benavides, LLP; we reverse the award of costs against appellant, Mark Cantu; and we remand, in part, for further proceedings. We affirm the judgment in all other respects. BACKGROUND This suit over...
MEMORANDUM OPINION Memorandum Opinion by Justice BENAVIDES. Appellants, Luzelma Campos, Betty Jo Gonzalez, and Misty Valero, appeal the trial court's order granting a plea to the jurisdiction in favor of appellees, the Texas Department of Criminal Justice Community, Justice Assistance Division, the Nueces County Substance Abuse Treatment Facility, the Nueces County Community Supervision and Corrections Department, and the Nueces County Adult Probation Department. 1 By a single issue,...
OPINION EVELYN V. KEYES, Justice. In this dispute over construction trust funds, appellant, Andrew Choy, appeals the trial court's judgment in favor of appellee, Graziano Roofing, Inc. (Graziano). In three issues, Choy argues that the trial court erred in (1) rendering judgment, because Graziano failed to prove each element to establish a violation of the Texas Trust Fund Act (the Act) 1 ; (2) concluding that liability exists under the Act for intracompany transfers of funds; and (3)...
OPINION Opinion by Chief Justice MORRISS. The purported joint will of Charles Orise Fuselier and his wife, Dena Fuselier, was dated March 21, 2007, and was in Dena's handwriting, except that it also bore three signatures: those of Dena, Charles, and Rebecca W. Miller, a notary public. The document names Kayla A. Fuselier— Dena's natural daughter adopted by Charles—as the sole devisee, and makes no mention of Nicole Fuselier and Cherise Fuselier, Charles' two daughters from a prior marriage....
OPINION CHARLES W. SEYMORE, Justice. Appellant, The Methodist Hospital ("Methodist"), sued appellees, Zurich American Insurance Company ("Zurich"), Tamera McKenney, and Mary Vu, asserting various causes of action based on appellees' allegedly improper handling and payment of workers' compensation claims filed by two Methodist employees. In a single issue encompassing several arguments, Methodist contends the trial court erred by granting summary judgment on Methodist's (1) breach-of-contract...
OPINION Opinion By Justice LANG-MIERS. This is an accelerated appeal from the trial court's interlocutory order denying the Amends' request for a temporary injunction in their trespass suit against the Watsons. We affirm the trial court's order. BACKGROUND In 1953, the owner of a 2.424-acre property near White Rock Lake, the William Herbert Hunt Trust, granted the City of Dallas an easement across the side of the property "for the purpose of constructing and maintaining a city sanitary...
MEMORANDUM OPINION Memorandum Opinion by Justice GARZA. Appellant, Turtle Healthcare Group, L.L.C. d/b/a Fred's Pharmacy ("Turtle"), brings this interlocutory appeal challenging the trial court's denial of its motion to dismiss the lawsuit brought by appellees, Yolanda Higuera Linan and Godofredo Linan, individually, as the natural parents of Maria Yolanda Linan and Gerardo Ernesto Linan, and as representatives of the estate of Maria Yolanda Linan, deceased (collectively "the Linans"). 1 By...
OPINION DAVID WELLINGTON CHEW, Chief Justice. Realtors, Mr. Joe Small and Enerplus Resources (USA) Corporation ("Enerplus"), have filed a petition for a writ of mandamus ordering the Hon. Angie Juarez Barill, Judge of the 346th Judicial District Court of El Paso County, to vacate an order compelling the production of numerous documents which Relators assert are privileged. We conditionally grant. This mandamus proceeding arises from an oil and gas lease dispute. The oil and gas lease at the...
OPINION Opinion by: SANDEE BRYAN MARION, Justice. Relators Texas Mutual Insurance Co. and Evie Villarreal, defendants in the underlying proceeding, seek a writ of mandamus to compel the trial court to (1) vacate its February 3, 2009 order denying Defendants' Plea to the Jurisdiction, and (2) dismiss plaintiff's claims for lack of jurisdiction. We conditionally grant mandamus relief in part and deny in part. BACKGROUND The underlying dispute arose out of a workers' compensation claim made by...
OPINION JANE BLAND, Justice. In this suit on a promissory note, Mark McShaffry appeals the trial court's judgment rendered in favor of Amegy Bank National Association holding McShaffry and his fellow guarantors jointly and severally liable, together with the maker of the note, for the balance due. After entering an initial summary judgment, the trial court later amended it to remove one of the guarantors, Jonathan Brinsden, at Amegy's request. McShaffry contends that the trial court erred in...
MEMORANDUM OPINION Memorandum Opinion by Justice YA EZ. Appellant, Christi Bay Temple ("the church"), appeals the trial court's order dismissing for want of prosecution its suit against appellees, Guideone Specialty Mutual Insurance Company, Texas Windstorm Insurance Association, Quantum Claim Service, L.L.C., Crawford Claim Services, Guideone Lloyds Insurance Company, Guideone Mutual Insurance Company, Guideone Elite Insurance Company, and Guideone Lloyds of Texas, Inc. (collectively "...
OPINION Opinion by Justice FITZGERALD. Appellant Thos. S. Byrne, Ltd. sued appellees for a judgment declaring that they owed Byrne a duty to defend in connection with a separate underlying lawsuit. The trial court granted summary judgment in favor of appellees, concluding that they owed Byrne no duty to defend or indemnify. We reverse and remand. I. BACKGROUND A. Facts Maple Villas, L.P. decided to build an apartment complex. It financed the construction by borrowing $22.6 million from...
